Andrew Murray (WA, Australian Democrats) Share this | Hansard source

I would like to ask that these amendments be separated so that the ‘reasons amendments’ can be put separately to the ‘review amendments’. The reasons amendments are items (19) and (20) and the rest pretty well cover the review provisions. I think the reasons amendments, as I may describe them, are entirely proper. Reasons should be recorded and given for a decision. The shadow minister does no more than state what is common, accepted practice and part of the process of natural justice and proper administrative practice.

The review amendments, which are the remainder, are somewhat more complicated. I would have preferred for the Labor Party to have taken a simpler approach, said that there must a review process and determined it on a fairly open and flexible nature. I find the clause as written excessively determinative, if I may say so. I would have preferred, perhaps, that the act would simply require a review process to be undertaken and the actual process to be spelt out by regulation or something. So I have a drafting problem.

If I thought these amendments might get passed, which they will not because the government have the numbers, I would be urging the Labor Party to amend their review proposals. But I support the two principles: I support the actual wording of the reasons in those amendments—I think that is entirely right—and I definitely support the process of review. That is also a well-established principle of natural justice and proper administrative procedure. But I have doubts about the way in which they are framed. So I would like those amendments put separately.